News & Analysis as of

Hiring & Firing Foreign Nationals H-1B

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Fisher Phillips

H-1B Employers Beware: An Employer’s Step-By-Step Guide to Fraud Detection and National Security Directorate (FDNS) Site Visits

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If you’ve “won” the H-1B lottery and are fortunate enough to have key foreign national workers at your organization, you may think your worries are over – but a recent trend may mean you’ll get a site visit at your workplace...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

Didn’t Make the H-1B Cap? 11 Alternatives for Hiring Foreign Nationals

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You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

The FY 2026 H-1B Visa Lottery: A Quick Guide for Employers

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The H-1B visa program allows U.S. employers to hire highly skilled foreign professionals. But with a limited number of visas and high demand, early preparation is key. Here is a quick overview of the 2026 H-1B visa lottery...more

Fisher Phillips

An Employers’ Guide to Navigating H-1B Season: Answers to Your Top Questions

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Are you confused about how to navigate the timelines and requirements for the H-1B cap season? It’s complicated! The registration window officially opened Friday – and employers that want to hire highly skilled foreign...more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

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The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

Seyfarth Shaw LLP

FY2026 H1B Cap Initial Registration Period Announced

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USCIS has announced the H-1B CAP lottery registration period for FY2026. The registration period will be from March 7th to March 24th; USCIS will issue selection notifications by March 31st, allowing petitioners to file H-1B...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces H-1B Lottery Registration Amid Recent Regulatory Changes to the H-1B Program

On February 5, 2025, the United States Citizenship and Immigration Services (USCIS)  announced that the online H-1B lottery will take place from noon ET on March 7, 2025, until noon ET on March 24, 2025. USCIS expects to...more

Cozen O'Connor

FY2026 H-1B Lottery Registration Begins

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On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2026 H-1B Cap Lottery will open at noon Eastern Time (EST) on March 7, 2025, and run through noon...more

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 7, 2025 and will run through noon ET on...more

Ballard Spahr LLP

Navigating the H-1B Cap Season for FY 2026

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As we approach the H-1B cap season for Fiscal Year (FY) 2026, it is crucial for employers to understand the process, adhere to deadlines, and be aware of recent changes, particularly regarding fees. This advisory provides an...more

Snell & Wilmer

Preparing for Immigration Changes Under the Trump Administration

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Employers need to be aware of anticipated changes to immigration policy under the new Trump administration and be prepared for the impact those changes may have on their workforce. All employers should make sure their I-9s...more

Fisher Phillips

USCIS Announces Second H-1B Lottery for FY 2025: 4 Points for Employers

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Federal immigration officials just announced yesterday that they are gearing up to conduct a second round of H-1B selections to ensure all slots for the FY 2025 cap are filled. If you receive new selections, you will be...more

Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

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Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Fisher Phillips

Employees Can Renew Their H-1B Visas Stateside as of January 29: An Employer’s 4-Point Plan

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We told you that stateside H-1B visas were on their way back – and now we have a date. Starting January 29, H-1B visa holders will be allowed to renew their expiring or about-to-expire visas without leaving the U.S. This...more

Mitratech Holdings, Inc

[Webinar] Preparing for the H-1B Lottery: What We Know & Tips for Success - December 20th, 12:00 pm CT

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The H-1B Visa 2024 filing season is right around the corner. Are you prepared? This expert webinar will ensure you’re ready. H-1B season is upon us, and with only a few short months left to file, now is a crucial time to...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

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Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Burr & Forman

Domestic Visa Renewal Could Return in 2024

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The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

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On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Littler

DOS Stateside Visa Renewal Pilot Program Expected in Early 2024

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The U.S. Department of State (DOS) sent a Federal Register notice titled, “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens” to the Office of Information and...more

Akerman LLP - HR Defense

It’s a Bird! It’s a Plane! No, It’s Domestic Visa Renewal!

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Every few years, employees working in the United States on nonimmigrant visas such as the H-1B and L-1 are forced to undertake the arduous journey to renew their visas at a consular post abroad. A valid visa is needed to both...more

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